Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1887-02-17
THE TEMPERANCE BILL.
Full Text Of the Murray Temper
- ance Bill.

amendments noted:
Section 1, That section of chapter 12S of the
session laws OF 1881 amended by section of
chapter 149 of the session laws of 1885 be and
the same is hereby amended to read as
follows: Sec. 2, 1t shall be unlawful for any
person or persons to SELL or barter, for medical,
scientific mechanical purposes, any malt,
vipous spirituous, feHnented other intoxi-
eating liquors, without first having procured a
druggists permit therefor from the probate
judge Of the county wherein such druggist may
at the time be doing business; and such probate
judge is hereby authorized, in his discretion, to
grant druggists permit for the period OF one
year, to any person of good moral character who
is lawfully and in good faith engaged in the
business of druggist as proprietor in his coun-
ty, and who in his judgment be intrusted
with the responsibility of selling said liquors for
the purposes Oaforesaid, in the manner herein
after provided, and may in his discretion at any
time revoke such permit. In order to obtain
druggists permit under this act the applicant
therefor shall present TO the probate judge
of the country wherein such applicant is en-
gagged in business, certificate OF the State
Board of Pharmacy OF the State OF Kansas
showing that the applicant is pharmacist duly
registered as such in accordance with the laws
OF the State of Kansas, and in addition thereto
petition signed by at least twenty-four free
holders tamended TO read twenty-five freehold
ers and twenty five women over twenty-one
years old having the qualifications OF electors
of the township or city or ward wherein such
business is located, certifying that the appl-
cant is a person OF good moral character, and
not in the habit of becoming intoxicated, and is
lawfully engaged in the business of druggist;
which petition, with the signatures, shall be
published in some newspaper having a general
circulation in such county, for at least two
weeks prior to the hearing of such application;
the time of hearing to be named therein, the
cost of printing to be paid by such applicant,
and in addition to such petition such druggist
shall also file with the probate judge good
and sufficient bond to the State of Kansas in the
sum of $1,000, conditioned that such applicant
will neither use, sell, barter nor give away any
Intoxicating liquors in violation of law, and on
such violation such bond shall become thereby
forfeited and the conviction OF such druggist or
any pharmacist any assistant pharmacist
in his employ shall be deemed prima facie evil
dence of such violation. If satisfied that said
petition is true, and if publication thereof
provided by this act has been made the probate
judge may, in his discretion, grant permit to
the applicant to sell Intoxicating liquors for
medical, mechanical and scientific purposes
only; and such permit shall be recorded upon
the journal of the probate court, and, together
with the applicants certificate of registration
a pharmacist, shall be posted in a conspicuous
place in the store wherein such business is car
ried on before it shall be of any validity: Pro-
vided, That such permit shall be granted after
this act shall take effect, and shall protect no
one but the applicant and registered pharma-
cists and assistant registered pharmacists in
his employ as druggist; And provided further,
That If any probate judge shall issue permit
to any person not registered as pharmacist
required by law, shall knowingly grant
the same to ID person in the habit of becoming
intoxicated. or not in good faith engaged in
the business of a druggist he shall be
deemed guilty OF a misdemeanor, and upon
conviction shall be punished by fine of not
less than $500 nor more than 81 ,00O and such
conviction shall work forfeiture of his Office
and the court imposing said fine SHALL in addi-
ton thereto, order and adjudge said forfeiture;
And provided further, That If any person shall
sign the petition as provided herein of any ap
plicant known by such person to be in the habit
of becoming intoxicated, or not in good faith
engaged in the business OF druggist, he shall
deemed guilty of misdemeanor and upon
conviction shall be punished by fine of not less
than $50 nor more than 800.
Sec ,, That section of chapter 12S of the
sessionlaws of 1881, as amended by section OF
chapter 149 of the session laws of 1885, be and
the same is hereby amended SO as to read
follows: Section 4. Any druggist having per
NIT to sell Intoxicating liquors under the pro-
visions of this act may sell the same
for medical purposes, only upon the printed and
written affidavit of the applicant setting forth
the particular medical purpose for which
such liquor is required, the kind and quantity
desired, that is necessary and actually needed
for the particular purpose by the patient (tO be
named), and that it is not intended for a bcver
age, to sell or give away, and that the appli
cant is over 81 years of age, which affidavit shall
be in She following FORM
State OF Kansas, County OF -, ss.-Date,
-, No. II, the undersigned, do solemnly
swear that nv real name is - that
reside at - County, State OF -;
that - Of - is necessarily and actually
needed by --, to be used as medicine
for the disease OF -; that it is not intended
for beverage, nor to sell, to give away,
and that am over 81 years OF age. 1 therefore
make application TO -- -, druggist for
said liquor. -, Applicant.
Subscribed in my presence and sworn to be
fore me, this - day of -.
And such druggist may sell Intoxicating
liquors for mechanical and scientific purposes
only upon written and printed affidavit of the
applicant setting forth the particular purpose
for which such liquor is required, the kind and
quality desired7 that 1t is not intended to be
used as a beverage, nor to SELL nor to give away
and it is intended only for his own use, and that
the applicant is over twenty one years of age
Such aShdavit shall be in the following form:
State on Kansas, County of -, ss.-Date
g, No. Il the undersigned do solemnly
swearthat my real name is ---; that I
reside at -. - County, State of -;
that -- of - is required by myself to be
used for purposes, to be used for -;
that it is not intended for beverage, to
sell, nor to give away; and that 1 am over
tWentyone years of age. therefore make APP
phcation to - -, druggist, for said
liquor. --,
Applicant.
Subscribed in my presence and sworn to be-
fore me- this - day OF -.
Ana there shall be but one sale and one de-
livery any one afhdavit; but druggist shall
permit the drinking his premises, in any
apartment connected Herewith and under his
control any of the Intoxicating liquors pur-
chased by affidavit otherwise: Provided,
That such druggist shall oe permitted 10 sell
to any regular practicing physician who IS en-
gaged IN the practice of his profession, any of
the liquors above named Spon his certificate
that said heuors will be us<T8 only for medical
purposes and such druggists shall be permitted
to seH any CD the liquors mentioned herein in
quantities nSt less than one gallon to ans other
druggist within the State h6ldinS permit as
provided in ibis act. The aftdavits provided
for in this section shall be made before the
pharmacist making sale OF sRen liquors, upon